Chief Justice of India T S Thakur raised eyebrows on Monday by expressing disappointment over PM Narendra Modi not touching upon the issue of appointment of judges to high courts in his Independence Day speech and asked the government to seriously think how to provide timely justice to people.

| TNN | Aug 15, 2016, 20:16 IST

NEW DELHI: Chief Justice of India T S Thakur raised eyebrows on Monday by expressing disappointment over PM Narendra Modi not touching upon the issue of appointment of judges to high courts in his Independence Day speech and asked the government to seriously think how to provide timely justice to people.Two days ago, a CJI-headed bench had in an open court hearing slammed the government for bringing the justice delivery system to a grinding halt by delaying appointment of HC judges by sitting over the collegium’s recommendations.

Serious differences between the government and the CJI-headed collegium on vital clauses has delayed the memorandum of procedure (MoP) for appointment of judges. There are 478 vacancies in HCs, which is 44.3% of the total strength of judges even as 40 lakh cases are pending in HCs.

After hoisting the tricolour in the Supreme Court, Justice Thakur said, “You (government) frame schemes, take steps to remove poverty and to keep the country united. But you should also think about providing justice to citizens.

“Today, we heard the country’s very popular and loving prime minister for one-and-a-half hours and we also heard the law minister’s speech (in SC premises). I was hoping that they will talk about speedy justice and appointment of judges.”

Lack of adequate number of judges had made the justice delivery system even slower than what it was during British rule, he said.

“During British rule, justice was perhaps delivered within 10 years but it is not possible now. Number of litigants and number of cases filed in courts have increased manifold. People’s expectation has also increased. It is getting very difficult for us to provide timely justice to citizens and that is why I have repeatedly requested the government to give importance to solving this problem,” he said.

Justice Thakur also hinted that the judiciary was not going to blink in the standoff with the Centre on various clauses of the government-drafted MoP which have been rejected by the judiciary. The CJI said if the government knew how to dig in its heel on certain issues, then the judiciary would be equally strong in its resolve to stick to its stand.

Law minister Ravi Shankar Prasad, who was present on the occasion, said the Centre was committed to independence of judiciary and appointment of judges would not be delayed because of delay in the MoP. He said the government would do everything possible to facilitate the judiciary to provide speedy and efficient justice to people.

The CJI said he never believed in mincing words, be it inside the court or outside. “I have reached the pinnacle of my career and I do not aspire for anything more. That is why I am frank and have no hesitation in speaking my mind. I speak factually and this touches people’s heart. That is my strength. I always speak on the issues close to the hearts of people,” he said.

Justice Thakur ended his speech with an Urdu couplet, sending a message to the government not to neglect the judiciary. “Gul phenke hain auron ki taraf balki samar bhi, Ai abre karam ai khaana-bar-andaaz-e-chaman kuch to idhar bhi,” he said. The couplet is penned by 18th century poet Sauda Mohammad Rafi. It says, ‘Spendthrift garden, you have showered flowers and fruits on others, give something to us too’.

While hearing a PIL on Friday, the CJI-headed bench had expressed frustration over the government delaying appointment of HC judges and had sought explanation from attorney general Mukul Rohatgi.

“This logjam in appointment of judges to HCs is unacceptable. There is a stage when we have to ask for accountability. Where is the file stuck? We will call for an explanation from the concerned official to understand the reason for delay. The institution cannot be brought to a grinding halt. Look at the retired Army officer's PIL. This means people have started feeling the pinch because of delay in dispensation of justice. The government must tell us what is the problem,” Justice Thakur had said.

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